Are Land Registry and Cadastre different institutions?
In Finland the division between the Cadastre and the Land Registry is legally clear. Pure real estate information is contained in the registry of objects i.e. the Cadastre and information regarding rights pertaining to real estates is contained in the registry of rights i.e. the Title and Mortgage Registry or Land Registry. Information regarding e.g. real estate formation and physical and legal extent of real estates is contained in the Cadastre. Information regarding e.g. ownership, rights of third parties and mortgages is contained in the Land Registry. Both registries are public.
Howver, both the Cadastre and the Land Registry form a functional entity. Both the Cadastre and the Land Registry are held electronically and they are information-technologically in connection to each other. The information in the Land Registry is based on the property identifier and real estate formation information in the Cadastre. The Cadastre and the Land Registry together form the Land Information System of Finland. The National Land Survey of Finland provides and maintains the Land Information System of Finland.
If the answer to the question was negative and both institutions are integrated in the same department or agency, so they provide a unified service:
a) What are the effects of the Land Registry System?
– Simple information and fiscal control, as well as graphical representation of the plots
– Besides, unregistered titles can not be opposed to the ones registered: Negative effect of the registration.
– Besides, it produces conclusive title effects against third parties: Positive effect.
The information in the Land Registry has public credibility. The buyers of real estates, lessees and pledge creditors are protected against claims from third parties, in case they have relied on information in the Land Registry and without undue delay applied for registration of their rights. Protection is granted only to persons, who have acted in good faith.
b) The definition of the plots is made according to maps or geo-referenced mapping.
The real estate units are described only literally in the Land Registry. Said units are specified with a four-part property identifier. In the Cadastry the real estate units are described both literally and graphically. Each person has the right to read the information in the Land Registry and the Cadastre by e.g. ordering a certificate from the Land Registry or a certificate or map from the Cadastre.
A Land Registry certificate contains literal information about existing title, mortgages and special rights. A cadastral certificate contains literal information about the establishment of the unit, its property identifier and its area. In addition, a cadastral certificate contains literal information about the shares of joint property units, encumbrances and the unit location in the plan area.
c) The drawing up of the plan or mapping is carried out by the technicians from the Registry or is it a technical report provided by the interested parties
The drawing up of maps contained in the Cadastre is carried out by the technicians from the National Land Survey of Finland.
d) It is required in any transmission or only in the first registration and later modifications.
No maps are required in transmissions as long as the object of the transmission has been registered in the Cadastre. In case the object of the transmission in question is a parcel of real estate a map is usually required, unless when the parcel is specified in the transmission deed literally.
e) The formal and substantive validity of the documents is scrutinied by the Registrar, as well as the no concurrence or overlap of the graphical basis.
The legality of the transmission in question is scrutinized by the Registrar. However, since no maps are required in transmissions as long as the object of the transmission has been registered in the Cadastre, possible concurrence or overlap of the graphical basis is not scrutinized, unless when the object of the transmission is a parcel of real estate and there is a risk of concurrence or overlapping.
f) Charges are publicized
The different types of charges and the amounts of the charges are defined by law and if required specified by the National Land Survey of Finland.
g) Public, environmental and urban restrictions are recorded.
Certain public, environmental and urban restrictions are recorded either in the Land Registry or in the Cadastre.
h) Online information can be obtained
Online information from the Land Registry and Cadastre may be obtained for a fee through the data bases of the Land Registry of Finland. Certain online information from the Cadastre bay be obtained free of charge.
i) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested
No information containing graphic reports that identify the property and explains the global legal situation and effects can be requested from the Land Registry. The information in the Land Registry is described only literally.
j) The Registry is responsible for the veracity of the information if is wrong?
The Finnish State, not the Land Registry, is primarily responsible for damage caused due to errors in the Land Registry.
k) The effects of the Registry publicity regarding the property and the charges are different to the restrictions of public domain
The principle of Land Registry publicity is applied to all real estate units, regardless of ownership and character of said unit.
l. The neighbouring owners take part in the process of defining the property
The neighbouring owners do not automatically take part in the registration process, unless it is necessary in order to assess the legality of the transmission in question.